NSW Bail Division delays facing increasing criticism

There is mounting criticism over the state’s new bail division, with delays and communication issues besetting defendants, their lawyers and their supporters as well as media.

The NSW bail division is facing mounting criticism over inefficient access to its exclusively online court and the challenges of not having complex cases handled in their communities with parties in the same room.

Almost every bail application in the state is now heard in just seven courtrooms based in Parramatta as part of a NSW Government move to streamline the process.

The Daily Telegraph can reveal it took almost an hour to be admitted to the metropolitan Sydney and Central Coast online court due to a process reliant on multiple court staff checking requests for access in a timely fashion.

Shortly after, a woman was admitted to the same courtroom in hopes of supporting a family member who was applying for bail, only to be informed she had missed the matter entirely while she was waiting to be let in.

The new system does not permit anyone – even in metropolitan Sydney where the magistrates are sitting – to attend in person, whether to appear for a client, to support someone appearing, or to report on a matter.

Parramatta Local Court. (AAP Image/ Justin Sanson)

In another bizarre development, one court staffer at Parramatta where the bail courts are situated seemed completely unaware the system had even been introduced, telling one Daily Telegraph reporter they were mistaken and bail court only operated on weekends.

Newcastle solicitor and NSW Law Society Criminal Law Committee member Mark Ramsland said despite his support for the idea, the teething issues were obvious.

Mark Ramsland.

“The issues are no real ability to negotiate with police prosecutor on the day, and that it’s hard to get instructions from client on the run,” Mr Ramsland said.

“They are in custody and you can’t talk to them face-to-face.”

Mr Ramsland also claimed there had been significant delays in matters being heard under the new system.

“Last week we had one matter and it didn’t get started until 5.30pm,” Mr Ramsland said.

“But in general there is a need to take the burden off the sitting magistrate, especially in country areas, so I support the initiative and hope it gets smoother.”

Lawyer Osman Samin. Picture: NCA Newswire / Gaye Gerard

Criminal law specialist Osman Samin was also critical of the system and its inherent practical difficulties.

“For example, when matters are conducted in person, it enables defence lawyers and prosecutors to discuss legal matters and other issues relevant to the application,” Mr Samin said.

“These discussions save significant time and resources by allowing the parties to identify the main issues that require litigation – in a system that operates entirely remotely, such discussions could not occur and would therefore likely result in further court time being used.”

Mr Samin said the same impediment would affect those in custody, and their ability to fairly and comprehensively provide instructions to their lawyers.

“Often, defence lawyers will take instructions from their clients in court by approaching the dock and having a discreet conversation,” Mr Samin said.

“However, in a remote system, it will require a complete pause on the proceedings and for lawyers.”

Lawyer Osman Samin. Picture: NCA Newswire / Gaye Gerard

Mr Samin also questioned the wisdom of having magistrates detached from individual communities making decisions for them remotely.

“Often, magistrates who are familiar with the local community and the local area are best positioned to consider risks when granting bail,” Mr Samin said.

“Having a judicial officer who is completely removed from the community and who has no familiarity with the local community can lead to erroneous assessments being made – assessments that may have the capability of placing victims or the community at risk.”

The system was introduced as part of a suite of changes following the alleged murder of Molly Ticehurst, initially on weekends only to ensure bail applications were always heard by magistrates instead of registrars.

Police allege the young Forbes mother was killed by her former long-term partner Daniel Billings when he was released on bail by a registrar after he was charged with sexually assaulting her.

Bail applications on weekdays had always been heard by locally based magistrates under the longstanding system.

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